January 4, 2005, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 13, 2005, reported favorably _ Do Pass.
January 18, 2005, read second time, ordered engrossed.
January 19, 2005, engrossed.
January 25, 2005, read third time, passed. Yeas 45, nays 1.
HOUSE ACTION
March 7, 2005, read first time and referred to Committee on Courts and Criminal Code.
March 17, 2005, reported _ Do Pass.
March 18, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2004 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 98
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 35-38-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The court may
revoke a person's probation if:
(1) the person has violated a condition of probation during the
probationary period; and
(2) the petition to revoke probation is filed during the
probationary period or before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(b) When a petition is filed charging a violation of a condition of
probation, the court may:
(1) order a summons to be issued to the person to appear; or
(2) order a warrant for the person's arrest if there is a risk of the
person's fleeing the jurisdiction or causing harm to others.
(c) The issuance of a summons or warrant tolls the period of
probation until the final determination of the charge.
(d) The court shall conduct a hearing concerning the alleged
violation. The court may admit the person to bail pending the hearing.
(e) The state must prove the violation by a preponderance of the
evidence. The evidence shall be presented in open court. The person is
entitled to confrontation, cross-examination, and representation by
counsel.
(f) Probation may not be revoked for failure to comply with
conditions of a sentence that imposes financial obligations on the
person unless the person recklessly, knowingly, or intentionally fails to
pay.
(g) If the court finds that the person has violated a condition at any
time before termination of the period, and the petition to revoke is filed
within the probationary period, the court may:
(1) continue the person on probation, with or without modifying
or enlarging the conditions;
(2) extend the person's probationary period for not more than one
(1) year beyond the original probationary period; or
(3) order execution of
all or part of the sentence that was
suspended at the time of initial sentencing.
(h) If the court finds that the person has violated a condition of
home detention at any time before termination of the period, and the
petition to revoke probation is filed within the probationary period, the
court shall:
(1) order a sanction as set forth in subsection (g); and
(2) provide credit for time served as set forth under
IC 35-38-2.5-5.
(i) If the court finds that the person has violated a condition during
any time before the termination of the period, and the petition is filed
under subsection (a) after the probationary period has expired, the court
may:
(1) reinstate the person's probationary period, with or without
enlarging the conditions, if the sum of the length of the original
probationary period and the reinstated probationary period does
not exceed the length of the maximum sentence allowable for the
offense that is the basis of the probation; or
(2) order execution of
all or part of the sentence that was
suspended at the time of the initial sentencing.
(j) If the court finds that the person has violated a condition of home
detention during any time before termination of the period, and the
petition is filed under subsection (a) after the probation period has
expired, the court shall:
(1) order a sanction as set forth in subsection (i); and
(2) provide credit for time served as set forth under
IC 35-38-2.5-5.
(k) A judgment revoking probation is a final appealable order.
(l) Failure to pay fines or costs required as a condition of probation
may not be the sole basis for commitment to the department of
correction.
(m) Failure to pay fees or costs assessed against a person under
IC 33-40-3-6, IC 33-37-2-3(c), or IC 35-33-7-6 is not grounds for
revocation of probation.